Feb 13, 2020
Can You Be Charged With DUI If You Were Not Driving At The Time You Were Arrested?
A recent case in New Jersey has brought to light an aspect of DUI law
that often goes unnoticed. In many states, you do not necessarily have
to be observed driving a vehicle by an officer to be arrested for DUI.
All the state has to do is prove beyond a reasonable doubt that you were
operating a vehicle under the influence. Period.
There was a lone truck in the parking lot of a closed restaurant early
one recent morning in New Jersey. The officer approached the truck and
noticed that the engine was running and that the man behind the wheel
was asleep. Once the officer woke the man he saw an open beer can in the
console, the man smelled of alcohol and was slurring his speech.
The man behind the wheel was questioned and told the officer that he had
had a few drinks and had dropped off a friend after going to an Atlantic
City casino. The man thought that since the officer did not observe him
operating his truck, he was in no danger of being arrested. He couldn\'t
have been more wrong. The man was immediately arrested, charged with and
eventually convicted of DUI.
Remember, never drive or operate any vehicle if you are under the
influence of any substance. If you live in Burlington, Essex,
Colchester, Winooski, Williston, Shelburne or anywhere in the state
of Vermont, and have been arrested or charged with DUI or any crime,
call Handy Law for aggressive and experienced legal defense.